If Ben Jerrys fails to provide approval or consent in writing, what does this signify for the Developer?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.1 Whenever this Agreement requires the prior approval or consent of BEN & JERRY'S, DEVELOPER shall make a timely written request to BEN & JERRY'S therefor, and such approval or consent must be obtained in writing.
Failure by BEN & JERRY'S to provide approval or consent in writing shall constitute a denial of the same.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, if a Developer seeks approval or consent from Ben & Jerrys, it must be requested in writing. Furthermore, Ben & Jerrys's failure to provide approval or consent in writing is explicitly considered a denial. This requirement is outlined in Section 13.1 of the agreement, which emphasizes the importance of written communication for approvals and consents.
This stipulation has significant implications for prospective Ben & Jerrys franchisees. It means that any verbal agreements or understandings are not binding. The Developer must ensure that all requests for approval or consent are submitted in writing and that they receive a written response from Ben & Jerrys. Without written approval, the Developer cannot proceed with the assumption that their request has been granted.
This requirement protects both Ben & Jerrys and the Developer by providing a clear record of communications and decisions. It reduces the potential for misunderstandings or disputes that could arise from relying on verbal agreements. Franchisees should be diligent in documenting all interactions with Ben & Jerrys and securing written confirmation for any actions that require franchisor approval. This practice is fairly standard in the franchise industry, as it ensures clarity and accountability in the franchisor-franchisee relationship.